MILFORD, Pa. (AP) — A preliminary hearing for the man charged in the fatal ambush of a Pennsylvania State Police trooper has been rescheduled after one of his lawyers withdrew from the case.

A judge Friday granted a defense request to move Eric Frein’s hearing to Jan. 5. It had been scheduled for Tuesday. The judge will decide at the hearing whether Frein should stand trial.

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Attorney Michael Weinstein asked for the postponement after his co-counsel withdrew from the case. Weinstein says a new attorney will need time to get up to speed.

The Pike County prosecutor opposed the delay.

Frein is charged with firing on police barracks Sept. 12, killing a trooper and seriously wounding a second. He led police on a 48-day manhunt after the attack.

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Prosecutors are seeking the death penalty.

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